EDF Health

Lead hazard disclosure: Time to better inform home buyers and renters

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 14, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

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Imagine what would happen if firms like Zillow and Redfin that have transformed the real estate marketplace also helped consumers make informed decisions about health hazards in the home.

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In the past 20 years, if you’ve bought or rented a home built before 1978, you’ve seen it–130 words in a dense paragraph titled “Lead Warning Statement.” Below it, the landlord or seller most likely checked the box saying he or she “has no knowledge of lead-based paint and/or lead-based paint hazards in the housing” and “has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.”

By the time you read that dense paragraph, you’d have already chosen your new home, so you likely signed the forms and put the “Protect Your Family from Lead in Your Home” booklet in your to-do pile; a pile that all-t0o-easily gets lost in the chaos of a big move.

Congress created this lead hazard disclosure requirement in 1992 as part of a comprehensive law designed to protect children from lead in paint. The objective was to transform the marketplace by having buyers and renters demand homes that were either free of lead paint or, at least, lead hazards.

It has not worked out that way. The marketplace for lead-free or lead-safe homes never materialized, and sellers and landlords have little to no incentive to look for problems that might complicate the transaction.

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Posted in Drinking water, Health policy, Lead, Regulation / Tagged , , , , , , , , , , , , , , , | Comments are closed

FDA agrees to reconsider safety of ortho-phthalates

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 13, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

Yesterday, the Food and Drug Administration (FDA) agreed to consider withdrawing its approvals of 30 food additives known as ortho-phthalates from use in food packaging and food handling equipment.  The chemicals are in a class of chemically- and pharmacologically-related substances used as plasticizers, binders, coating agents, defoamers, gasket closures, and slimicide agents to process and package food. The agency allows them to be used in cellophane, paper, paperboard, and plastics that come in contact with food. All of the chemicals were approved by the agency before 1985.  Pursuant to 21 U.S.C. 321(s), chemicals that are reasonably expected to get into food from their intentional use in materials contacting food are considered “food additives.”

FDA acted in response to a food additive petition submitted by the Natural Resources Defense Council, Center for Science in the Public Interest, Center for Environmental Health, Center for Food Safety, Clean Water Action, Consumer Federation of America, Earthjustice, Environmental Defense Fund, Improving Kids’ Environment, and Learning Disabilities Association of America – groups all concerned by the adverse health effects of ortho-phthalates at the levels typically seen in food.

Academic studies have linked some of these chemicals to various reproductive, developmental and endocrine health problems. In fact, every ortho-phthalate that has been studied for these types of health effects has been found to pose a risk. From lower IQ in young children to malformation of the male genital tract, the evidence of health effects in humans continues to grow. But, with more than half of the 30 chemicals lacking any published safety data, the full extent of the threat remains unclear.

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Posted in FDA, Food, Health policy, Phthalates, Regulation / Tagged , , , , , , , , , | Authors: / Comments are closed

FDA sued for delay in deciding perchlorate food additive petition

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: March 31, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

[pullquote]At the end of 2014, FDA agreed to consider a food additive petition from NGOs to ban perchlorate – a chemical that can impair a child’s brain development – as an additive to food packaging. The agency had 180 days to act, but fifteen months later, the petitioners are still waiting for a response. Today, they sued.[/pullquote]

It’s been 15 months since a group of environmental, consumer, and public health advocates petitioned the Food and Drug Administration (FDA) to remove the agency’s approval of perchlorate uses in packaging.

Traditionally, FDA’s food additive petition process has been the exclusive purview of food manufacturers seeking approval to use new chemicals or expand uses of already approved chemicals in food production. However, nothing in the law prohibits the public from using the process to ban or restrict the use of certain chemicals. Read More »

Posted in Drinking water, FDA, Food, General interest, Health policy, Perchlorate, Regulation / Comments are closed

Household Action Level for Lead in Water: EPA Needs to Release Health-based Estimate

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: March 25, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

A new article in USA Today’s series on lead in drinking water shines a light on the Environmental Protection Agency’s (EPA) delays in releasing a health-based “household action level” for lead. EPA’s National Drinking Water Advisory Council (NDWAC) recommended that the agency develop this number to help parents, in consultation with their pediatrician and public health agency, decide whether to invest in a filter for the water they use to make up their child’s infant formula.

Without a health-based number, people are mistakenly using EPA’s current “lead action level” of 15 parts per billion (ppb) as the level below which no action is needed. The problem is that this level has no relation to the health risk. It is based on a provision in the drinking water rule that requires utilities to undertake corrosion control and, potentially, lead service line replacement when at least 10% of worst-case sample results exceed that level.

A year after committing to develop a household action level, it appears tied up in the agency’s long overdue overhaul of its broken 1991 regulation designed to protect people from lead in drinking water. Communities all across the country are raising legitimate concerns about the safety of their water and need proper public health guidance. They should not have to wait on rulemaking for this important information. I know EPA is a regulatory agency that thinks in terms of rulemaking. But first and foremost EPA is a public health agency with responsibility to consumers for the safety of drinking water. Read More »

Posted in Drinking water, Health policy, Health science, Lead / Tagged , , , , , , , | Authors: / Read 1 Response

Lead service lines must be replaced as soon as possible to protect children

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: March 16, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

Two years ago, the Environmental Protection Agency (EPA) asked me to serve on its new multi-stakeholder workgroup to develop recommendations to improve the agency’s 1991 lead in drinking water rule. I had heard about problems with the rule but was unfamiliar with the details. My efforts to prevent lead poisoning over the past 20 years at the federal, state, and local levels focused on lead-based paint and consumer products. Lead pipes were new to me. Knowing the dangers of any lead exposure all too well, I was happy to help.

What I learned was disturbing. The rule’s shortcomings became clear when a utility representative presented a chart showing the lead levels from homeowner sampling over the years. While few in number, some lead levels in the water were literally off the scale, in the hundreds of parts per billion (ppb). And yet a utility operating a public water system would be in compliance with the rule as long as less than 90 in 100 samples were below 15 ppb. The only required action would be an alert by the utility to the homeowner. It became clear to me that lead could be found in water at extremely high levels, but these spikes—and potentially substantial public health risk—may not be investigated and corrected.

EPA’s own studies confirmed the problem. It turns out that the highest lead levels were often missed because the sampling method focused on the water in the interior plumbing and not the water sitting overnight in the lead service line – the pipe that connects the main in the street to the house. In addition, only 50 or 100 samples every three years were required; too few taken too infrequently to identify problems in a large city in a timely manner. Read More »

Posted in Drinking water, Lead / Tagged , , , | Comments are closed

FDA decides 3 PFCs are unsafe: Detailed look at the decision

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: February 11, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

FDA’s decision to remove its approval of three long-chain perfluorinated compounds sets important precedents on the assessment of food ingredients, food contact substances, and chemicals used to make food.

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FDA concluded:

  • Class: All long-chain chemicals with at least one linear, perfluorinated chain of eight or more carbon atoms should be considered a class.
  • Data gaps: Where reproductive and developmental toxicity data are lacking for any chemical in this class, the data available for perfluorinated octanoic acid (PFOA) should be used to fill the gaps.
  • Study methods: If a chemical is biopersistent in the body, standard toxicology methods used to evaluate food additives need to be upgraded.

[/pullquote]On Jan. 4, 2016, the Food and Drug Administration (FDA) announced that it changed its regulations to remove the agency’s approval of three specific long-chain perfluorinated compounds (PFCs) as food additives. The agency approved use of these chemicals between 1967 and 1997, allowing them to be added to paper and paperboard that comes in contact with aqueous and fatty foods. Until the late 2000s, they were commonly used in pizza boxes, sandwich wrappers, and paper in frozen food packaging – virtually anywhere a food manufacturer wanted to use paper packaging that would repel oil and water.

Domestic PFC manufacturers report that these food contact substance (FCS) uses have been abandoned, although others report trace levels still appearing in paper products used for food, most likely as a result of contamination. There are reports, however, that foreign companies have begun producing PFCs. As long as these additives are officially allowed by FDA, there is a possibility that food manufacturers who are not diligent could resume their use without knowing it. The agency’s decision makes it less likely that will happen.

FDA’s decision marks the first time it has used a food additive petition to remove an approval based on safety concerns; a few years ago, it removed approvals for use of bisphenol A in infant formula packaging and baby bottles and sippy cups – but those removals were based on market abandonment, not safety. This safety-driven decision sets a precedent and serves as a roadmap for how safety decisions should be made for all additives including those considered by industry to be ‘generally recognized as safe’ (GRAS).

No longer safe – unpacking the agency’s reasoning for a class of chemicals and safety concerns Read More »

Posted in Emerging science, Emerging testing methods, FDA, Food, Health policy, Health science, Regulation / Tagged | Comments are closed